Nimmakayala Simhachalam v. The Superintending Engineer And 3 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 8467 of 2004 ORDER:

This writ petition is filed seeking to issue a writ of mandamus declaring the Memo dated 19.04.2004 issued by the 2nd respondent and also the action of other respondents in implementing the same, as illegal and arbitrary. A consequential direction is also sought to the respondents to continue the petitioner in the present post. When the matter is taken up for hearing, it has been contended by the counsel for the petitioner that the petitioner was promoted as Line Inspector vide proceedings dated 30.09.2003 and, thereafter, the respondents have issued a memo dated 19.04.2004 to the petitioner calling upon him to explain as to why he should not be reverted on the ground that there is adequate representation for SCs in the L.I. cadre. Challenging the same, the present writ petition is filed.

It has been further contended that the said memo may be set aside and the petitioner may be directed to be continued as Line Inspector. Learned standing counsel for the respondents has submitted that as there were no interim orders in the writ petition, in pursuance of the impugned memo, the petitioner was reverted as Lineman, and during pendency of the writ petition, his case was considered and he was promoted as Line Inspector vide proceedings dated 05.06.2004 and, therefore, the cause in the writ petition does not survive.

In view of the above, the writ petition is dismissed as infructuous.

Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. No order as to costs. ______________________________ ABHINAND KUMAR SHAVILI, J 3rd December, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No. 8467 of 2004 (infructuous) 3rd December, 2018 cbs